Terms of Service

The agreement

These terms are a binding agreement between you and Wolfpup, Inc. (“we”, “us”) for using actualsbudget.com and the actuals service (the “service”). By creating an account, accepting an invitation, opening a share link or otherwise using the service you accept these terms and our Privacy Policy. If you don’t accept them, don’t use the service.

If you use actuals for a company or other organisation, you accept these terms for it, confirm you have authority to bind it, and “you” means both you and that organisation.

Please read the section on disputes carefully. It requires most disputes to be resolved by individual binding arbitration, not in court, and waives class actions and jury trials.

Who can use actuals

actuals is a professional tool for businesses and people working in production. You must be at least 18 and able to enter a binding contract, and you may not use the service if you are barred from doing so under the laws of the United States or where you live, including sanctions and export laws. You confirm you are using the service for business or professional purposes and not as a consumer, to the extent the law allows that distinction.

Accounts and workspaces

Each account belongs to one person. Give us accurate information, keep your sign-in secure, and tell us at hello@actualsbudget.com straight away if you think someone else has used it. You are responsible for everything that happens under your account, and we are not liable for loss caused by someone else using it.

A workspace represents a company. Its owner manages billing and can invite admins and members. Owners and admins decide who can see and edit each budget, and they are responsible for the people they invite and for what those people do in the workspace. An owner can hand a workspace to one of its admins. Disputes between members of a workspace about who controls it or its content are for them to resolve; we may follow the instructions of the workspace owner of record.

Subscription and billing

A workspace that has never subscribed can create up to three budgets free of charge and edit them. Creating more needs an active subscription, billed through Stripe in advance for each period at the price shown on our pricing page when you subscribe, plus any applicable taxes, which you are responsible for. The subscription covers everyone on the workspace’s staff; adding or removing members doesn’t change the price. People invited only to a budget don’t need a subscription. We may change or end the free allowance at any time. The production app and the photo app (actuals.photo) are subscribed to separately: each has its own workspace, its own three free budgets and its own subscription, and one sign-in works for both.

By subscribing you authorise us, through Stripe, to charge your payment method each period, and for prorated changes, until you cancel. Subscriptions renew automatically until cancelled. You can cancel at any time from the billing portal; you keep access until the end of the period you have paid for. All fees are non-refundable, including for partial periods, unused seats or budgets, and downgrades, except where the law requires otherwise.

If a payment fails or is disputed, we may limit the workspace to read-only until it is resolved. If you believe a charge is wrong, tell us within 60 days of the charge so we can look into it before you raise a dispute with your bank.

We may change the price with at least 30 days’ notice to the workspace owner. The new price applies from the next renewal after the notice period; if you don’t agree, cancel before then.

Your content

Budgets, documents, logos and everything else you put into actuals (“your content”) remain yours, or your company’s. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display your content only as needed to run, secure and improve the service for you, including showing it to the people you share it with. We may also create aggregated, de-identified statistics about use of the service that don’t identify you or your content.

You are solely responsible for your content and for having every right and permission needed to put it into actuals, including any personal information about crew, talent, clients or vendors. You must give any notices and get any consents the law requires before you enter it. Don’t put in anything you aren’t allowed to share with us, and don’t enter government ID numbers, bank account or card numbers, health information or other sensitive personal information; actuals isn’t designed to hold it.

Keep your own copies. actuals lets you export budgets and PDFs, and you are responsible for keeping copies of anything important to you. We back up the service, but we don’t promise any content can be recovered.

Sharing and collaborators

When you invite someone or turn on a share link, you choose who can see your content, and anyone with the link can view what you chose to share and pass the link on. You are responsible for those choices and for turning links off when they are no longer needed. We aren’t responsible for what collaborators or link recipients do with content you share with them, or for content other people share with you.

Acceptable use

You agree not to, and not to let anyone else:

• break the law or anyone else’s rights using actuals, including privacy, employment, intellectual property and anti-fraud laws;
• use actuals to prepare a bid, invoice or record you know to be false or misleading;
• try to get into accounts, workspaces or budgets you weren’t invited to, get around limits or billing, or probe, scan, test or disrupt the service or its security;
• upload malware or anything harmful, or use the service to send spam;
• copy, frame, resell, sublicense or reverse engineer the service, or use it to build a competing product, except where the law allows it despite this restriction;
• scrape the service or use bots or other automated means to access it or put an unreasonable load on it;
• remove our notices, or suggest that we endorse you or your work.

We may remove content, or suspend or end access, that we reasonably believe breaks these terms or puts the service, us or other customers at risk. Where we reasonably can, we will tell you first.

Budgets are a tool, not advice

actuals calculates budgets from the numbers, rates, markups, fringes, exchange rates and other inputs you or your collaborators enter, using an AICP-format bid structure, and from templates and defaults we provide for convenience. Templates, default rates and calculations are starting points only; they may not reflect current union or guild agreements, local law, tax rates or market rates.

You are solely responsible for checking every budget, bid, estimate, purchase order, payroll figure, actual and report before you rely on it, sign it or send it to anyone. actuals doesn’t provide accounting, tax, payroll, insurance, labour or legal advice, doesn’t pay anyone, and isn’t a system of record for tax or employment purposes. We aren’t responsible for production cost overruns, lost or underpriced bids, client disputes, payroll or tax errors, penalties, or any decision you make using the service, whether or not caused by a calculation, rounding, import, export or display error.

Imports from other formats, such as spreadsheets or Hot Budget files, and exports to PDF or spreadsheets are provided on a best-effort basis and may not carry every value or format exactly. Check them against the original.

Not affiliated with AICP

actuals is an independent product. It is not affiliated with, associated with, sponsored, endorsed, approved, certified or licensed by the Association of Independent Commercial Producers, Inc. (“AICP”). We have no partnership, agency, membership or other business relationship with AICP, and AICP has not reviewed actuals.

“AICP” is a trademark of the Association of Independent Commercial Producers, Inc. We use it only to describe that actuals works with budgets laid out in the widely used AICP bid form format (“AICP-format”). That description doesn’t mean AICP has approved actuals, its templates, its calculations or anything you make with it.

Budgets, bids, PDFs and other documents produced with actuals are not official AICP documents. AICP isn’t responsible for actuals, and any questions or claims about the service are for us, not AICP.

The same applies to other products we name, such as Hot Budget: those names belong to their owners, we aren’t affiliated with them, and we mention them only to describe the files actuals can import.

Third-party services

The service relies on providers such as Stripe for payments, and on your own email provider for sign-in codes and invitations. Your use of Stripe is also subject to its own terms. We aren’t responsible for services, websites or content we don’t operate, or for their outages, and a third-party failure doesn’t entitle you to a refund.

Our service

We and our licensors own actuals, its software, templates, design, and the actuals name and logo, and all rights in them. These terms give you only a limited, revocable, non-exclusive, non-transferable right to use the service while you follow them; we reserve every other right. If you send us feedback or suggestions, you give us a perpetual, irrevocable, royalty-free right to use them for any purpose without owing you anything.

Copyright complaints

If you believe content in actuals infringes your copyright, write to hello@actualsbudget.com with the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)). We may remove content and end the accounts of repeat infringers.

Availability and changes

We work to keep actuals available and your data safe, but we don’t promise any level of availability, and the service may be interrupted for maintenance, upgrades, outages or events outside our control. We may change, suspend or remove any feature at any time. Features marked beta, preview or free are provided as-is and may change or end without notice. If we stop offering actuals entirely, we will give workspace owners at least 30 days’ notice and a way to export their budgets.

Ending the agreement

You can stop using actuals and cancel at any time. We may suspend or end your access, with or without notice, if you break these terms, don’t pay, create risk or legal exposure for us, or if the law requires it. When a subscription ends, the workspace becomes read-only and its budgets stay available to export. If we end your access because you broke these terms, we may delete your content after giving you a reasonable chance to export it, unless the law or a security risk prevents that.

Sections that by their nature should continue, including fees owed, your content, ownership, disclaimers, limits of liability, indemnity and disputes, survive the end of the agreement.

Disclaimer

To the fullest extent the law allows, the service, templates, calculations, exports and everything else we provide are provided “as is” and “as available”, with all faults and without warranties of any kind, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We don’t warrant that the service will be uninterrupted, secure, error-free or free of harmful components, that calculations or results will be accurate or complete, or that content will not be lost. Any advice or information you get from us doesn’t create a warranty.

Limits of liability

To the fullest extent the law allows, in no event will we, our affiliates, or our or their owners, officers, employees, contractors, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, bids, goodwill, data or content, cost overruns, or the cost of substitute services, arising out of or relating to these terms or the service, however caused and under any theory of liability, even if we were told such damages were possible.

Our total liability for all claims arising out of or relating to these terms or the service is limited to the greater of the amount you paid us for the service in the twelve months before the event giving rise to the claim, or one hundred US dollars (US$100).

These limits apply even if a remedy fails of its essential purpose, and they are an essential basis of the bargain between us; the price of actuals reflects them. Some places don’t allow certain exclusions or limits, so some of them may not apply to you, in which case they apply to the fullest extent allowed.

Indemnity

You will defend, indemnify and hold harmless us, our affiliates, and our and their owners, officers, employees, contractors and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your content, your use of the service, the people you invite or share with, any bid, budget or document you prepare or send using the service, or your breach of these terms or of any law or anyone else’s rights. We may take control of the defence of any such claim at your expense, and you will cooperate with us. You won’t settle any such claim without our written consent.

Disputes and arbitration

Talk to us first. Before starting any claim, you agree to email hello@actualsbudget.com describing it and to try in good faith to resolve it with us for at least 60 days.

Binding arbitration. Any dispute, claim or controversy arising out of or relating to these terms or the service that isn’t resolved that way will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Los Angeles County, California. The arbitrator decides questions of arbitrability except as stated below. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property, confidential information or the security of the service.

Class action and jury waiver: you and we each waive any right to a jury trial and agree that claims may be brought only individually, not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone but the individual party. If this waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.

Time limit. To the extent the law allows, any claim must be started within one year after it arose, or it is permanently barred.

Governing law and venue

These terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn’t apply. For anything not subject to arbitration, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and both parties consent to them.

General

• Entire agreement. These terms, the Privacy Policy and anything they refer to are the whole agreement between us about the service and replace any earlier understanding. Terms on your purchase orders or other documents don’t apply.
• Notices. You agree to receive notices, agreements and other communications from us electronically, by email to your account address or in the service, and that they satisfy any requirement to be in writing. Notices to us go to hello@actualsbudget.com.
• Assignment. You may not assign or transfer these terms without our written consent. We may assign them, including in a merger, acquisition or sale of assets.
• Events outside our control. We aren’t liable for delay or failure caused by events beyond our reasonable control, such as outages of hosting, network or payment providers, cyberattacks, natural disasters, labour actions, epidemics or government action.
• Severability and waiver. If any part of these terms is unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect. Not enforcing a right isn’t a waiver of it.
• Relationship. We are independent contractors. Nothing in these terms creates a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries.
• Language. actuals may be shown in other languages for convenience. If a translation of these terms conflicts with the English version, the English version controls.

Changes to these terms

We may update these terms. We will change the date above, and for material changes we will email workspace owners at least 30 days before they take effect. Continuing to use actuals after that means you accept the updated terms; if you don’t, stop using the service and cancel. Changes don’t apply to a dispute we already know about. Our Privacy Policy explains how we handle personal information.